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Writing for RightsHuman Rights Documentation from the Land of Papua

SERIES I

Institute for Policy Research and Advocacy (ELSAM)

2017

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Writing for Rights

Human Rights Documentation from the Land of Papua

SERIES I

IntroductionWahyu Wagiman

WritersDelince Gobay, Gabrielinda Assem, Simon Oriengel Sani, Mina Basik Basik, Yason Ngelia, Benny Mawel

Editors:Adiani Viviana, Andrew de Sousa, Bambang Wisudo, Budi Hernawan, Razif MA

Indonesian Language Editor: Wahyuana Wardoyo

English Language Translation: Indra V.A. Krishnamurti, Andrew de Sousa

2017

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Writing for RightsHuman Rights Documentation from the Land of PapuaSERIES IIntroduction:Wahyu Wagiman

Writers:Delince Gobay Gabrielinda AssemSimon Oriengel SaniMina Basik BasikYason NgeliaBenny Mawel

Editors:Adiani VivianaAndrew de SousaBambang WisudoBudi Hernawan Razif MA

Indonesian Language Editor: Wahyuana WardoyoEnglish Language Translation: Indra V.A. Krishnamurti,Andrew de Sousa

First Printing: October 2016Second Printing: November 2016English language edition: February 2017ISBN 978-979-8981-71-5

First published in Indonesian by ELSAM as Pembela HAM Menulis: Bunga Rampai Pendokumentasian HAM di Tanah Papua,

Institute for Policy Research and AdvocacyJl. Siaga II No. 31 Pejaten Barat, Pasar Minggu Jakarta Selatan 12510Phone +62 21 7972662, 79192564, Fax. + 62 21 79192519E-mail: office@elsam.or.id, Website: www.elsam.or.id, twitter:@elsamnews @ElsamLibrary

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

All ELSAM publications are dedicated to the victims of human rights violations, in addition to being part of the effort to promote and protect human rights in Indonesia

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Table of Contents

IntroductionCapacity Building for Human Rights Defenders: Promoting the Values of Human Rights and Peace BASIC COURSE FOR HUMAN RIGHTS DEFENDERS PROGRAM TEAM ........ ix

IntroductionMapping the Human Rights Situation in Papua: A Documentation Effort from Human Rights DefendersWAHYU WAGIMAN ............................................................................................................. xi

The Struggle of Indigenous Papuan Market Women in the Context of Special Autonomy DELINCE GOBAY ................................................................................................................. 1

The Government of Sorong City Fails to Support Market WomenGABRIELINDA ASSEM ...................................................................................................... 13

The Moi Tribe, Threatened with Loss of Forest, Land and Sacred SitesSIMON ORIENGEL SANI ................................................................................................... 25

Muting Yesterday and Today: Profile of a KampungMINA BASIK BASIK ............................................................................................................. 33

Military and Police Interference in Land Disputes in the Agroindustry Megaproject in Muting, Merauke YASON NGELIA ..................................................................................................................... 57

KNPB: Fighting against NKRIBENNY MAWEL ................................................................................................................... 81

About the Authors ...........................................................................................................115

Profile of ELSAM ...............................................................................................................116

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This book is dedicated to

Gabrielinda Assem

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INTRODUCTION TO REVISED EDITION

Capacity Building for Human Rights Defenders: Promoting the Values of Human Rights and Peace

According to the United Nations, Human Rights Defenders are people who work peacefully for the promotion of human rights. Although anyone can become a human rights defender, it needs commitment and courage. While we are already in the era of democracy, and the government is committed to respect, protect and fulfill Human Rights in the Constitution and through the ratification of the most significant human rights conventions, each year, human rights defenders are still threatened, arrested, tortured and killed due to their activities. The work of defenders is very important in the process of building peace and justice in Indonesia, and we should be grateful for their work, which are beneficial to many parties. This compilation is the result of investigative work of several human rights defenders who work at the grassroots level to improve the human rights situation in their respective regions in the provinces of Papua and West Papua.

Since 2015, ELSAM has collaborated with Peace Brigades International (PBI) to build investigative capacity and protection of defenders from remote areas in Indonesia. Both organizations are committed to building and promoting human rights and peace in Indonesia, and believe that this can only happen if local organizations and human rights defenders who work at the local level have the capacity to monitor and prepare reports based on the framework of human rights. This is so that the society can know what is happening at the grassroots level.

This anthology is the initial publication of the results of the fieldwork done by the participants in this program. The subjects covered were chosen by

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the participants themselves. The opinions and conclusions included in this compilation are their own.

We are grateful to the parties who have provided invaluable moral support and excellent cooperation in this program: Max Binur, Fr. Anselmus Amo, Rev. Benny Giay, Victor Mambor, Yuliana Langowuyo, Rev. Dora Balubun, and Frederika Korain. Thank you also to all those who were interviewed and provided information to the researchers in the field, and to all those who we are unable to mention by name here.

This program cannot be implemented without the support of several do nors. For this support, we thank the generosity of the German Civil Peace Service (Ziviler Friedensdienst), Norwegian Human Rights Fund (NHRF), ProtectDefenders.eu - the European Union Human Rights Defenders mechanism, Open Society Foundations, and Fédération Vaudoise de Coopération (FEDEVACO).

This is the second edition of this compilation, which had a limited print run in October 2016. This first compilation of the series is dedicated to Gabrielinda Assem. Ms. Assem, a Woman Human Rights Defender of Sorong, and an alumna of this program, passed away on 1 October 2016. She was a dedicated defender and had a remarkable spirit in the empowerment of young women and mothers to preserve the culture of Noken. Hopefully her work and spirit can continue to live among the human rights defenders of Papua in particular and among all of us.

Jakarta, 16 November 2016Basic Course for Human Rights Defenders Program Team

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INTRODUCTION TO REVISED EDITION

Mapping the Human Rights Situation in Papua: A Documentation Effort from Human Rights

Defenders

A great effort is needed from civil society as a whole to promote and improve the complex human rights situation in Papua. At the central government and provincial levels, more serious policies centered on human rights are needed, including the judicial and non-judicial resolution of the multiple human rights violations that have occurred in Papua. Central and provincial governments should also mitigate or eliminate policies that are counter-productive to the promotion and protection of human rights in Papua: reduce the number of military forces in Papua, evaluate all agreements related to the exploitation of natural resources in Papua, and suspend or terminate concessions that violate the human rights of the Papuan people.

Civil society efforts to act as a positive force on the Government and improve the human rights situation in Papua will not necessarily be realized without improving human resources, especially among those involved in the struggle and defending human rights on the ground in Papua. Through people who are truly dedicated, the human rights situation in Papua can be encouraged and promoted on a larger and more consistent scale.

This book, Writing for Rights: Human Rights Documentation from the Land of Papua, was created by concerned young people from Papua dedicated to contribute to the promotion and protection of human rights.

The authors of this book take everyday issues faced by the people of Papua as the focus of their studies and writings. The authors portray problems faced by the people of Papua in finding common ground among them, as recorded by Delince Gobay and Gabrielinda Assem on the struggle for women

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to hold their government responsible in a relatively simple issue, to build a traditional market to facilitate the people of Papua in trading their crops and communicating with others. The market women have a singular goal: a medium to bring Papuan people together in a fluid and friendly forum, pasar mama-mama.

The other writers also take a close look to describe challenges faced by the people of Papua to freely enjoy their human rights without pressure or obstacles from the authorities. Of course, as citizens their rights are guaranteed by the Constitution. Unfortunately this must be emphasized, because in some aspects portraying human rights in Papua remains a scenario of limitations and restraints. There are still efforts to curtail the critical Papuan voices that are seeking improvement of human rights and the equitable distribution of economic growth.

The authors of this book are participants and alumni of the Basic Course for Human Rights Defenders held by ELSAM in 2015-2016. They have sought to apply their training and the discussions in the course to be mouthpieces in the promotion and protection of human rights in Papua. The results have far exceeded our expectations as organizers of the Basic Course for Human Rights Defenders. Authors have shown that they are among the best prospects to improve the human rights situation in Papua. We expect them to continue to apply their respective capacities in building a more just and peaceful Papua.

For that, on behalf of the Institute for Policy Research and Advocacy (ELSAM), we would like to thank the authors and also the institutions that have allowed these authors to be active members of the Basic Course for Human Rights Defenders.

Finally, we hope you enjoy reading their work.

Jakarta, October 2016

Wahyu Wagiman, SH.MH.ELSAM Executive Director

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The Struggle of Indigenous Papuan Market Women in the Context of Special Autonomy

By: Delince Gobay

Indigenous Papuan market women vs. Jayapura City Government

The long, tireless struggle of indigenous Papuan market women (mama-mama pasar) to obtain a decent market in the middle of Jayapura began in 2004. Their struggle, along with the Papuan Franciscans Secretariat for Justice, Peace and Creation Unity (SKPKC-FP) and the Solidarity for Indigenous Papuan Traders (SOLPAP) team, is expected to bring positive results. At the very least, a location near the Damri housing complex was cleared by the Jayapura city government on 27 April 2016 as a site for a permanent market. In a meeting between the women and the Papuan Peoples Council (MRP), the MRP approved the development of the market in the city center, and promised to help by approaching Jayapura mayor M.R. Kambu. The decision was a victory for the long struggle of the indigenous Papuan market women.

Another victory is the construction of a temporary market, located in the middle of Jayapura. This does not mean that the struggle of the indigenous Papuan market women to obtain a permanent market is over. The market is only a temporary location for the traders while waiting for the completion of the permanent market.

In their campaign, the women demanded that the market be constructed so they can sell crops from their own gardens. The demand is for the government to construct a specific type of market building using Papuan indigenous motif and culture as expected by the market women. It should accommodate their preferred method of selling wares, sitting on packing cloths laid on the ground.

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Previously, the indigenous Papuan market women did not trade at a permanent location. They would move from place to place, subject to being driven out by the government on grounds of public disturbance and littering. Such treatment makes the market women feel like they work on someone else’s land, not on their own indigenous lands.

If the indigenous Papuan market women did not speak out and fight for their rights to have the permanent market that is being constructed, perhaps the process of clearing out the land in Damri Housing Complex would still not have started. The struggle of the women has been supported by the Alliance of Papuan Market women in demonstrations to the Jayapura mayor’s office, Papuan Peoples Council, and the Provincial Legislative Council (DPRP) to demand government attention; it is the duty of the local government to provide a facility for the indigenous Papuan market women to sell their wares.

The struggle of these women to obtain a market may not be an important issue for some. However, it is very important for indigenous Papuan market women. The struggle for a decent market is as important as the fulfillment of economic needs for their families, sending children to school, and basic necessities to improve their welfare.

For these women, the market is a source of life. The women need a market location that is busy and easily accessible to customers, and the best place for such a market is in the center of the city. The women do not need just a market for trading, nor is it only for them; the market is to support their families. Inside the market, too, the women can develop and express themselves as actors in a market economy. The MRP should be aware of the conditions faced by indigenous Papuan women, and the MRP should be more active in efforts to empower indigenous Papuan women.

The government has enacted a special autonomy package for Papua through Law No. 21 of 2001, partly through consideration that the administration of government and implementation of development in Papua have not fully

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satisfied a sense of justice, have not yet achieved the welfare of the people, have not fully supported legal enforcement, and have not yet shown respect for human rights in Papua, especially for the indigenous people of Papua.1

Within the framework of good governance, where there are large groups living in isolated regions, the autonomy system is a suitable solution.2 Therefore, the autonomy approach should be a specific term of governance in the regions, and there is no exception in this context. The government should use specific approaches in each stage of problem solving. They should carefully observe the needs of indigenous people and in this case specifically the indigenous Papuan market women. In other words, special autonomy also requires the mainstreaming of indigenous peoples’ rights.

The indigenous Papuan market women advocating for their rights generally come from disadvantaged economic backgrounds. On average, they have less than a high school education. Another issue is the lack of available employment for Papuans. Such women often have many children, all of whom go to school. These circumstances mean market activities are the very survival for these mothers. They are further marginalized as traders by the large number of non-Papuans in the trade. Papuan market women do not have as much experience and capacity in running businesses/trades, accessing capital, etc., as the traders of non-Papuan origin.

The mayor of Jayapura, M. R. Kambu, stated that he would provide a market for the indigenous women when the women held a demonstration at the mayor’s office on 10 October 2008. On 14 October 2008, Mr. Kambu sent a letter to the governor of Papua province concerning the development of a market for indigenous Papuan market women. However, the mayor’s letter was not taken seriously by the Papuan provincial government. Following the letter until September 2009, there were no real steps taken by the Provincial Government to construct a market for indigenous Papuan market women.

1 Law No. 21 of 2001 on Special Autonomy for Papua Province.2 Hans Otto Sano & Gudmundur Alfredsson: Hak Asasi Manusia dan Good Governance - Membangun Suatu Keterkaitan, 2003.

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According to the researcher’s observations, there was a back and forth regarding responsibilities between the Jayapura City Government and the Papuan Provincial Government. Convoluted bureaucracy and poorly working mechanisms among government agencies have contributed to the indigenous Papuan market women remaining marginalized from the economic system.

Within the framework of special autonomy, the economy should provide the widest opportunity for indigenous people to run their enterprises, so that the indigenous people of Papua can play a role in the economy, including being competitive with migrant entrepreneurs.

Broadly speaking, the indigenous Papuan market women are struggling for:

1. A market with a character in accordance with the culture of Papua, especially for indigenous women.

2. A market built in the city center. The government should build a market in the city center to allow access from places of residence.

The permanent market to be built by the government should be located in the city center and easily accessible to all people to facilitate shoppers and always have visitors crowd the market. Indigenous Papuan market women cannot join other vendors in other locations because they have no place to sell their goods, the locations are not suitable due to distance from places of residence, and daily earnings do not meet their needs. This could be due to many vendors selling the same goods, including many non-Papuans. Indigenous Papuan market women want a place to sell in the city center, assigned for indigenous Papuans only.

The development and adoption of specific policies, in this case policies that govern traditional markets, should be based on basic values that include the protection and respect of moral ethics, the basic rights of indigenous peoples, human rights, rule of law, democracy, pluralism, as well as citizen equality, rights and obligations. Therefore, the marginalization of indigenous Papuan market women from the economic system is clearly contrary to the spirit of autonomy.

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Indigenous Papuan market women have been evicted since the Ampera Market in Jayapura was closed by the Jayapura city government. They were moved to Pasifik Permai shopping center, at Dok II Jayapura. Jayapura Mayor Instruction No. 1 of 2004 on the Ordering and Closure of Abepura Presidential Instruction Market and Pasifik Permai Shopping Centre in Dok II Jayapura forced the market women to move again. They were then encouraged to move to Youtefa market. However, the locations in Youtefa market have been controlled by non-Papuan migrants. The indigenous women were forced to spread their goods along Jl. Matahari, Jl. Irian, Jl. Percetakan, Mesran, Porasko, in front of Papua Bank, and in front of Gelael supermarket.3

On 6 September 2004, indigenous Papuan market women selling at Jl. Matahari and in front of Gelael were forcibly evicted by the Jayapura Municipal Office of Order and Peace, with water cannons and deployment of police and soldiers. This eviction received a strong reaction from various circles, especially from the victimized women.

Seeing the systematic and prolonged marginalization of indigenous Papuans, the Secretariat for Justice and Peace (SKP) of the Diocese of Jayapura, together the various components of the community concerned about the fate of indigenous Papuan trader women, joined the struggle to obtain a marketplace for the women in Jayapura city center.

SOLPAP Joint Advocacy

A number of non-governmental organizations held a coordination meeting and created SOLPAP (Solidarity for Indigenous Papuan Traders) to advocate for the construction of a suitable market for indigenous Papuan trader women. When formed, the SOLPAP team consisted of four elements:

3 The eviction of Ampera Market was based on Jayapura Mayor Decision No. 7 of 21 February2002 on the Formation of the Team of Ordering, Arranging and Moving Street Trading in Jayapura City, and Jayapura Mayor Decision No. 45 of 6 May 2002 on the Formation of the Justice Operation Team to Counter Violations of Jayapura City Regional Regulations.

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1. Coordinator: SKP of Jayapura Diocese2. Lobbying and litigation: LP3A-Papua3. Organizing of the women: SKP of Jayapura Diocese4. Secretariat: Ida

Once the organizational structure was formed, SOLPAP had a meeting with the deputy chairman of the Jayapura Regional Parliament, who received them in his office. The deputy chairman of the Parliament suggested several things, namely:

1. Indigenous Papuan market women to continue trading until a permanentmarket is built.

2. The deputy chairman of the Parliament meet with the Jayapura Mayor and Head of Police Therry Levin.

3. To discuss the fate of the market women in a plenary meeting of theJayapura Regional Parliament.

4. Agreement with having a market in Jayapura city center

The SOLPAP team then met with the deputy chairman of the MRP in Hotel Numbay, Jayapura. In principle, the meeting resulted in the MRP’s approval of the construction of a market for indigenous Papuan women in the city center of Jayapura. At the meeting, MRP also promised to meet with Jayapura Mayor M. R. Kambu.

In the meeting with the mayor of Jayapura and MRP, agreements were reached that:

1. The mayor will permit the women to continue trading until a location isassigned.

2. The mayor promised to lobby the owner of the former Tamara Bankbuilding for the ground floor to be used by the women until a location isassigned.

3. The mayor approved the construction of a market in Jayapura city center,if there is vacant land.

4. The mayor is prepared to construct the market for the women if there issupport from the Papua Provincial Government.

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Under the Special Autonomy Law, the MRP as an extension of the indigenous Papuans has the right to request information from the Provincial and Municipal/Regency Government on matters related to the protection of the rights of indigenous Papuans. In this case, the MRP should use that right to channel the complaints and aspirations of indigenous Papuan market women.

Furthermore, the SOLPAP team met with the Chairman of Commission F of the Regional Parliament, Weynand Watori. In the Commission’s room, Weynand Watori called on all parties to encourage construction of a market for the women to be included in the 2008 budget.

SOLPAP continued with a hearing with the Head of the Office of Women’s Empowerment Agency of Papua Province, Sipora Modouw, in the LP3A-Papua office, Kotaraja Dalam. It was followed with another meeting with the Chairman of Commission F, who asked that the women immediately create a petition.

SOLPAP continued with a meeting with Ms. Hana Hikoyabi, Ms. Mientje Roembiak, and Ms. Erna Mahuzee in the MRP office. On this occasion the MRP declared its willingness to build a market for indigenous Papuan women.

The SOLPAP lobby team then continued with a meeting with the Chairman and Vice Chairman of Commission F DPRD, Weynand Watori, and Mr. Tebay. In this meeting, the SOLPAP team proposed a design for developing a market for indigenous Papuan women in the city center of Jayapura. In addition, the lobbying team also asked that the budget for the construction of the market be added to the 2008 budget. Commission F provided some feedback, including:

1. Commission F promised to write a letter to the Land Agency of Papua Province and Jayapura City to check two locations proposed by the team: the former APO regent office and the old terminal.

2. Commission F would write a letter to the Budget Committee of the Jayapura Regional Parliament to include the budget for the construction of the market for the Papuan women.

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On 11 October 2007, SOLPAP had a meeting with Commission B of the Regional Parliament to present the plan for a modern market for the Papuan women in Jayapura. Among the participants were the Head of Papua Province Office of Cooperatives, MRP Women Working Group, Jayapura City Government, Jayapura City Office of Cooperatives and the advocacy team (religious, women, youth, student elements, and representatives of indigenous Papuan market women).

On 24 April 2008 a follow-up meeting was held at the State House, Dok V Atas, Jayapura. This meeting was attended by SKP of Jayapura Diocese, Head of the Jayapura Office of City Planning, and Head of the Papua Province Office of Public Works, Muhamad Otto Iskandar. Also present were the head of the expert team of Governor Suebu and expert staff Ronal Tapilatu. This meeting resulted in two points of agreement:

1. The market for the women will be built at the location of the Irian Bakti warehouse, Jalan Percetakan, on the initiative of the Mayor of Jayapura.

2. The Jayapura Office of City Planning was willing to coordinate with the former landowner of the old terminal to allow the development of a temporary market for the Papuan women.

Then, on 18 September 2008 at around 14:00 EIT, indigenous Papuan market women held a demonstration in front of the Regional Parliament. The Vice Chairman III of the DPRP Paskalis Kosi and Chairman of Commission F Weynand Watori met and received the women at the front entrance of Parliament’s office. Paskalis said, “We have heard your aspirations, which will be included in the discussion of 2009 budgets, which begins in October. So, you do not have to worry about the budgeting for the market development, while the location and other issues are under the authority of the mayor and the government of the Province of Papua.”

Upon hearing that statement, the women were increasingly dissatisfied and demanded that the market was to be built immediately in 2008. “We do not care about the months and the years! We want to hear the date when the market is built, that’s all!” The demonstration ended at 14:30 EIT.

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On 10 October 2008, approximately 500 indigenous Papuan market women who had been selling in front of the Gelael supermarket, Ampera and Pasar Pagi, Paldam, as well as a number of students from Cenderawasih University and other sympathizers held a peaceful protest in front of the Jayapura Mayor’s office. In the presence of the mayor, the women represented by Yuliana Pigai, Lina Monim, and Amelia Kadepa, asked for only one thing. In the words of Amelia Kadepa, “Mr. Mayor, please construct our market. We remember that in 2004 in an art gallery, you promised to construct a market for indigenous Papuan trader women, so now we come to demand the fulfillment of your promise.”

Responding to the demand, M. R. Kambu stated that the Jayapura city government did not have the funds and location for the construction of the market for the women. The available funds had been allocated to other construction projects, including construction of markets in Entrop and Dok IX. “Ladies, I had already heard an explanation from the head of the demonstration and representatives of the women. In this week I am assigning Mr. Frans Pekey to prepare a proposal which we will submit to the Papua provincial government,” said M. R. Kambu.

The women’s struggle then got the government’s attention, and they engaged with the SOLPAP team. The struggle that began in 2004 and continues today has delivered relatively satisfactory results, since the government began to pay attention and deal with this issue seriously. However, that does not mean the struggle of the women of Papua has ended. All parties must continue to monitor the progress.

Conclusion

Although the government has now given a little attention and made some efforts to accommodate the demands of the indigenous women for a traditional market, the market women should not end their struggle here. The women along with SOLPAP and the wider network must continue to monitor the development of this traditional market so that the market is made for all and the market is owned by all.

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An especially tragic reality was faced in the middle of the market women’s struggle: the May 21, 2016 death of Robert Jitmau (Rojit), who stood at the forefront of the fight for the rights of Papuan traders and improving traditional market conditions. Rojit was killed in a hit-and-run by an unknown person. It is strongly suspected that the incident was due to Rojit’s involvement in the struggle and his vocal defense of the rights of indigenous Papuan market women. So the market women should continue to be strong in continuing the struggle in the spirit of Rojit.

Recommendations

Observing the struggle of indigenous Papuan market women along with the problems they face, the Papuan People’s Assembly should be able to work optimally towards the resolution of the women’s aspirations. The MRP can give consideration to the DPRP, Governor, Regency/City government, and the Regent/Mayor, to protect indigenous Papuan market women, and give them equal rights with other residents.

Meanwhile, the government must also not only fulfill the promise to construct the market, but also provide solutions to the other problems faced by the market women. For example, the provision of entrepreneurship education by taking into account available resources and how to access capital, so the women can compete with migrant traders. This alternative solution is also confirmed in the Special Autonomy Law, that in order to uphold the human rights of women the provincial government is obliged to foster, protect the rights, and empower women with dignity and make every effort to position them as equal partners to men. The exclusion or marginalization of indigenous Papuan trader women in any form is not justified at all. Such practices violate the principle of non-discrimination in the enforcement of human rights, and are also in opposition to the 1945 Constitution.

In order for the development of the market and a well running economy, it is important to have specific policies that govern them. Through the framework of good governance, each policy and administrative action must

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heed the special autonomy and rights of the indigenous people of Papua. The government must take the initiative with an active role in these measures. The changes and progress that exists today is due to the long struggle of the Papuan market women, thanks to their sweat and raising their voices. The government did not begin with the initiative to fulfill its duties and obligations. ***

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The Government of Sorong City Fails to Support Market Women

By: Gabrielinda Assem

Introduction

The Remu Market is located in Sorong City, West Papua Province. Remu Market is an important economic resource for the people of Sorong City and Regency. However, such an important resource cannot be enjoyed by the indigenous people of Papua, especially by the mama-mama pasar4, indigenous Papuan women trading in the market. This is despite them being the original traders in the market. In contrast, non-Papuan traders have more control of the market and gain more benefits.

All the market stalls available in Remu Market are controlled and owned by non-Papuan traders. The indigenous Papuans can only trade on the outskirts of the market or near the drainage ditch. Under discriminatory treatment from the Sorong City government, it is difficult for indigenous Papuan market women (who mostly come from the Maybrat, Paniai, Moi, Inawatan, Tehi, Biak, Serui, Kokoda, Wamena and Karoon tribes) to access places where they can sell their goods. Many of them are forced to work sitting on sacks and plastic sheets on the ground.

Meanwhile, non-Papuan traders have easy access to the places in the Remu market. They are traders from Java, Makassar, Manado, Bugis, Buton and

4 In the Papuan vernacular of the Indonesian language, mama-mama pasar refers to indigenous Papuan market women.

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Chinese ethnic groups. Their merchandise varies from garden crops, clothing, household appliances, electronics, building materials, and ready-to-eat food.

Picture 1. Garden crops sold by a mama pasar in Remu Market. She is spreading her wares next to the drainage ditch of a stall owned by a migrant trader. Writer’s documentation.

This unfair situation has historical roots in the founding of Remu Market, poor policies regarding market management, and geographical idiosyncrasies of Sorong City. In Sorong City, previously only the Bowesen Rufei market existed. Remu Market, which is located in North Sorong district, was formerly owned by the Government of Sorong Regency but in March 2014 the management of the market was transferred to Sorong City. Now Remu Market, which is a traditional market, has become the central market for the Greater Sorong region.

Furthermore, Remu Market has not been set up properly. The government of Sorong City has not paid much concern to the arrangement of the market, especially the situation faced by the market women. The situation worsened when Remu Market burned down in November 2011 and the government of Sorong City rebuilt the market.

As the new market was being constructed, the government set up several new stalls in front of the market area. According to the initial plan, the new stalls would only be intended for existing traders in the market who have

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been affected by the fire. However, in practice, many new traders entered and began trading in the stalls.

As for the market women, they often have to argue to obtain stalls. There was even an incident in which a woman hit an official from the Sorong City Regional Revenue Office.5 This incident made it easier for non-Papuan traders to access stalls in the Remu Market, while indigenous market women were becoming increasingly marginalized. For the people of Sorong, these market women are the backbone of their families. They have an instrumental role in meeting the daily needs of the family. If they are increasingly discriminated against in seeking their livelihoods, marginalized from the market, it does not only adversely affect these women, but also the survival of their family members.

In this situation the state does not appear to be present nor fulfill its responsibilities. It is an obligation of the state, especially the government of Sorong City, to provide a decent and accessible market, so that the indigenous market women do not lose the right to a life with dignity, the right to access public services, and the right to a good education for their children.

These basic rights are extensively guaranteed in law. This includes the 1945 Constitution, Law No. 39 of 1999 on Human Rights, and Law No. 21 of 2001 on Special Autonomy for West Papua, which clearly state that the rights of indigenous peoples and economic rights must be protected. However, there has been no policy from the government of Sorong City that specifically guarantees and protects the existence of indigenous market women.

The Marginalization of Remu Market Indigenous Women from the Economic System.

The 5 November 2011 fire changed Remu Market drastically. Traders lost their places of work when the fire consumed hundreds of stalls in the market.

5 Interview with market women in Remu Market on 12 December 2015.

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The government of Sorong City built a temporary market outside and next to the Remu Market area, for use until the stalls in the market were rehabilitated. However, this temporary market created new problems for traders in Remu Market. New traders who had not previously worked in the market emerged, also occupying the temporary shelters.

While many of the former traders in the market continued to trade in the temporary market, there were also non-Papuan traders who joined and occupied the temporary market. The non-Papuan traders became increasingly dominant after the fire in Remu Market. As described by Mama RH, an indigenous Papuan market woman in Remu Market:

“Remu Market used to be in a good condition; even if we obtained small amounts of money, we could support our livelihood. However, now, even if we get 500,000 or even 1 million, all the money will have to be spent, because of the rise in the price of goods. Pork is Rp. 80,000 per kilo, fish Rp. 50,000, also chicken. The women, who were not previously traders, are now trading due to economic pressure. So now all Papuans are trying to sell wares. Remu Market is now built up from end to end, where can you see the parking lot for the cars and motorbikes? There are too many migrants, they are trading inside the market, they also sell outside the market, and they have two or three stalls in the market. Papuan women who want to buy new tables, the migrants sell these tables for Rp. 5 million. Often the Papuan women cannot maintain their tables for selling wares. Unless the regency (Sorong) has its own market, only then can the Papuan women make it.”6

According to data from the Regional Revenue Office of Sorong City, the number of women trading at Remu Market is about 400. However, based on direct observation by the author, not all of the 400 traders work every day. The indigenous women who work at Remu Market can be divided into two groups. The first group is the women selling produce from their own garden

6 Interview with RH in Remu Market on 21 December 2015.

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plots. The second group is women reselling wares they buy from farmers. These traders usually sell their wares in groups, based on similarity of tribe or place of residence.

The small capacity of Remu Market, coupled with the many new merchants, makes the market very crowded. As a result, the situation of indigenous Papuan women in Remu Market becomes more precarious. One of the traders, a women with the initials YA, had to spread her wares among the clothes sold by migrant merchants. This made her position literally and economically squeezed as her wares are difficult to be seen by potential buyers.

Ironically, many Papuan traders who do not have tables but have to sit on sacks or plastic sheets pay the same market access fees as the non-Papuan traders who have tables.

Picture 2. Indigenous market woman selling her wares on a sheet of plastic in front of a stall owned by a migrant trader

“I have traded in this market for a long time, but I don’t have a table. Apparently if I want a table I have to make it myself, but I don’t have the money to buy wood for the table. Worse, next to me there are clothes sellers, Javanese and Makassarese, so my wares are not seen due to their stack of goods, while the government just looks and does nothing.”7

7 Interview in Remu Market on 7 January 2016.

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“We live in Km 28 and 30 in Mariat Gunung, Sorong Regency.

We have traded for a long time in Remu Market. We get this table from a Javanese for Rp. 5 million, which we shared equally,” said F. Fanataf and S. Fatem.8

In addition to the very crowded and poorly arranged market conditions following the fire, the problem is exacerbated by the lack of coordination and cooperation between the government, as the owner of the market, and the parties concerned in seeking appropriate solutions. This condition indicates that the government of Sorong City is not seriously concerned about the traders, especially mama-mama pasar, in Remu Market. Many of these indigenous Papuan women try their own initiatives, such as jointly buying a table for spreading their wares, or trading in a location adjacent to the market.

“We have been spreading our wares on the ground; we have to pay the market fee to the official, with the same cost as the other traders who sell on tables. We also have to pay the trash man, Rp. 10,000 per cart, and even more, if we need to go to the bathroom we have to go to the toilet in the market; it is in poor condition and the water is bad,” said MT.9

The trading activity in Remu Market, according to the schedule from the Sorong City Regional Revenue Office, begins at 6:00 a.m. East Indonesian Time, and ceases at 6:00 or 7:00 p.m. However, several traders begin their activities in the early morning at 3:00 a.m. Most of these are indigenous women living in Sorong Regency area. According to T. Fatem:

“I live in Klamono, and trade only on Sundays. As I work on an oil palm plantation, I go to the city on Saturday, sleep in the market and wait until the morning and then I begin selling my goods. I sell potatoes, taro, pumpkin, kale, sweet potatoes; all of these come from my garden. My husband also works on the oil palm plantation, but his salary is not enough, because our children all go to school. My expenditure for food

8 Interview in Remu Market on 18 January 2016.9 Interview in Remu Market on 20 January 2016.

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exceeds his salary; furthermore, the children’s schooling fees, meals and pocket money, also goods in the shops near my house are expensive. I have to trade to obtain extra money.”10

“We have to start selling at 3 in the morning, we have to be quick, because the buyers, the Javanese itinerant traders, they are already in the market at 4 in the morning, so we have to be earlier than them. The Javanese women in Aimas, they are already standing by, waiting for the buyers.”11

Remu Market is always alive with activities from morning until evening. Moreover, in the early mornings trading activity is very high, because in the morning many itinerant sellers are looking for merchandise to sell. The activities depend on the availability of goods; if the goods have been sold out, the women will then go home. There are market women who sell at noon until the evening: those who sell fresh fish and vegetables in front of the market, because their goods are caught from the sea or come from their own gardens. Usually crops are picked from the gardens in the previous afternoon, for sale at the market in the morning.

With the long periods of activity in Remu Market, the market women have different opportunities and constraints of their own. For those living in the city, there is no transportation difficulty in getting to the market; however, women living in the regency often experience transportation difficulties. This is especially true for women from Maibo and Mariat Gunung villages. The following are two stories told by market women from the villages:

“If we go from Maibo hamlet to Remu Market to trade, in the morning we take a motorbike taxi to the crossroads near the gas pump, or to Osok Road, and wait for a car, then we go to the market. Because the public cars don’t enter the hamlet, even though the road is paved and the hamlet is located right on the boundary between the city and the

10 Interview in Remu Market on 21 January 2016.11 Interview in Remu Market on 2 February 2016.

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regency. For the motorbike taxi we have to pay thirty thousand, we still have to pay the public car and for the cart to carry our wares into the market. The hardest part is the lack of public car entering our hamlet,” said M. Klaibin.12

“In Mariat Gunung, the 6 a.m. public car is for the schoolchildren, we have to take the 8 a.m. or 10 a.m. public car, or even at 11 because the car has to wait for passengers in the city. We are located in km. 24, the public car turns around at km. 32, and sometimes it is already full so we have to wait for the next public car. The drivers don’t want to go up without passengers, so they wait for government employees to travel. That means we only arrive at the market at 9, 10 or even at noon,” said M. Wafom.13

In the mornings the women have to wake up before the sun rises. After waking, they immediately go to the kitchen to prepare food for their children who are going to school. Afterwards they wash up, tidy up the house, and then go to the garden to take care of the plants.

These women do their activities in the market often from morning until evening, but when they return home they still have housework, cooking again for their husbands and children. So they do not have time for themselves or to do things they enjoy.

An indigenous Papuan market woman is the backbone of her family. In addition to their economic activities, they also do all the household activities. They get up before anyone in the house is awake, and only sleep after everyone else. Naomi Kalawen told of her own long working hours:

“I have to get up at 5 in the morning to boil water for tea and coffee for my children and husband… after the children go to school, I go to the garden to get vegetables for lunch, after returning from the garden I

12 Interview in the sourceperson’s house on 24 February 2016.13 Interview in the sourceperson’s house on 10 February 2016.

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cook, clean the house, and then go with my husband to the garden to get the crops for sale in the market on the following day.”14

“My garden is located far from the hamlet, 3 km. I have a garden of itchy leaf plants [Laportea decumana], I can only sell itchy leaf in the market.”15

One of the challenges faced by the women is the large numbers of non-Papuan traders who sell the same commodities. This increases the marginalization of indigenous market women. It is combined with other challenges: the poor condition of the location for trading, the increasing number of non-Papuan traders in Remu Market, and the lack of protection from the local government for indigenous Papuan traders.

In addition to inadequate transportation and lack of protection from the local government, the indigenous market women face difficulties in obtaining capital for business activities, which definitely affects their trade. The Papuan population, who are generally gatherers, act as producers for the market. The Papuans tend to regard the business of trading as a side business to meet economic needs of the family, not as a main occupation. They also suffer from lack of knowledge about entrepreneurship. To obtain capital, the market women often borrow money from cooperatives, as told by J. Salomina:

“I sell vegetables in the market, usually I buy them from Javanese traders who brought them from Aimas, and I sell them in turn. If I have a lot of capital I buy a lot of stuff, but if the capital is small I can only buy a small amount. I want to save but my children at school need a lot of money, so I spend for them. I get my capital from the cooperative. If I borrow from the cooperative, I have to repay the loan on a daily basis; even in the morning the cooperative official is already demanding my repayment. For many of the Papuan trader women getting loans from the cooperative it is a very hard thing, as we have to divide our money, half for the family and half for the cooperative”.16

14 Interview in Remu Market on 12 February 2016.15 Interview in Remu Market on 23 February 2016.16 Interview in Remu Market on 29 February 2016.

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The Government Has to Act and Fulfill Its Obligations

The government must fulfill its obligations, as stipulated in a number of international and national legal instruments, to respect, protect and fulfill the human rights of its citizens. Every citizen has the same rights.

The Universal Declaration of Human Rights (UDHR), Articles 1 and 2 confirm that every citizen has the same rights.

“All human beings are born free and equal in dignity and rights. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

The indigenous Papuan market women in Remu Market, Sorong, also have the same rights, equivalent to women of other ethnic groups, in the economic system; also in the enjoyment of other basic rights, as guaranteed by the 1945 Constitution. As everyone is equal there should be no discrimination against these Papuan women.

Looking at the problems faced by the women of Remu Market, it shows that they suffer from discrimination and marginalization. Their access to ownership of economic resources is still very limited.

At least six violations of basic rights can be identified. The violated rights are:1. The right to work and a decent living;2. The right to life and livelihood;3. The right to live, grow, and develop as well as the right to protection from

violence and discrimination;4. The right to develop themselves with the fulfillment of basic needs;5. The right to a physically and mentally prosperous life;6. The right to be free from discriminatory treatment on any basis, and the

right to protection from discriminatory treatment.

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As a result of discriminatory treatment experienced by the Papuan women, they experience difficulties in meeting everyday needs. This also impacts other needs such as neglect of health and inhibition of the development of women’s self-potential. There is an even broader effect on the growth and education of their children and families, given these women are the backbones of the families.

The Papuan women are active in trading in the market in addition to their domestic affairs. These activities are done on a daily basis. Thus, in addition to earning a living in the market, the women meet with friends, tell stories, actualize themselves and exchange experiences. The discriminatory treatment against indigenous Papuan women compared to non-Papuans in accessing the traditional market, directly or indirectly, in addition to marginalizing the women from the economic system, also curbs the freedom of self-expression of Papuan women.

In this event, the violators have to be responsible: the government of Sorong City. The ease of access by non-Papuan traders, and correspondingly, the difficult access experienced by the Papuan market women, is regarded as a form of discrimination on the basis of ethnicity and race. This treatment is contrary to the principles of human rights, in particular the principle of non-discrimination.

Law No. 39 of 1999 on Human Rights, Article 1 (3), states that discrimination means all limitations, affronts or ostracism, both direct and indirect, on grounds of differences in religion, ethnicity, race, group, faction, social status, economic status, sex, language, or political belief, that results in the degradation, aberration, or eradication of recognition, execution, or application of human rights and basic freedoms in political, economic, legal, social, cultural, or any other aspects of life.

Meanwhile, under Law No. 21 of 2001 on Special Autonomy for Papua, the survival of the indigenous people of Papua is protected. In this case, the

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Papuan People’s Assembly (MRP) of the province of West Papua, as the cultural representation of indigenous Papuans, should use its authority to protect the rights of indigenous Papuans, as mandated by the Special Autonomy Law, by promoting respect for customs and culture and the empowerment of women.

Likewise, the Regional Representatives Council (DPRD) of West Papua Province has an obligation to improve the welfare of people in the region, not least the market women, based on economic democracy, giving attention and conveying the aspirations and complaints of the people, and facilitating follow-up towards resolution of the issue. Thus, the standard of living and welfare of the people of West Papua are expected to increase.

Conclusion

Remu Market, as one of the centers of economic transactions in Sorong City and Sorong Regency, has an important role for the people of Sorong, especially indigenous Papuan market women. The market is a place to earn a living for them. In the traditional market Papuan women develop trading skills, in order to survive and compete against non-Papuan traders.

The local governments of Sorong City and Regency, having human rights obligations, should immediately put an end to these discriminatory practices. They should also cease committing discrimination against the women. Moreover, in this case, the local governments should be able to identify the needs of Papuan women to find alternative solutions. Examples include providing job opportunities for Papuan women.

The local government is also expected to increase the capacity of Papuan women in entrepreneurship and business skills. This will increase their capabilities, ability to innovate, and competitiveness with the non-Papuan traders, and provide them with knowledge on accessing capital. The local governments should also pursue specific policies to protect Papuan women in their economic activities in traditional markets. ***

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The Moi Tribe, Threatened with Loss of Forest, Land and Sacred Sites

By: Simon Oriengel Sani

The land of Papua is a region inhabited by numerous tribes of indigenous peoples, one of which is the Moi tribe in Klamono District, Sorong Regency, West Papua Province. In Klamono, the Moi tribe inhabits the lowlands. The social relations between groups within the Moi tribe are very close, and the relations between clans are very tight. However, changes are occurring in the indigenous community, due to arising economic interests, resulting in new issues arising within the indigenous Moi tribe in Klamono district.

Formerly, there was only PT Intimpura Timber company, which obtained a permission to operate in Klamono in 1989.17 Later, PT Hendrison Inti Persada, an oil palm company, began to operate in 2004.18 The entrance of the oil palm company threatens the way of life and the harmonious relationship between the clans of the Moi tribe.

What does the term ‘indigenous peoples’ refer to?

Indigenous peoples are groups within the community associated directly with lands, forests and sacred sites. In international law there is no established definition of indigenous peoples, however, in practice, there are several similarities that characterize indigenous peoples: a group of people having historical ties with the community before the invasion/colonization era, developing in their area, and consider the group as being different from other

17 SK 30/Kpts-II/89 [accessed from http://www.downtoearth-indonesia.org/ on 24 May 2016].18 Semiarto A. Purwanto et al., Asesmen Sosial Budaya Di Wilayah Kerja PT Commodities Indonesia

Jaya, Distrik Klamono, Kabupaten Sorong. [FISIP UI 2012], p. 4.

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communities presently living in the area or not part of the community. They tend to be a minority, not a dominant part of the local society, and have the intent to preserve, develop and continue their land and ethnic identity to the later generations, as the basis for their continued existence as a tribe, in accordance with the cultural patterns, social institutions and legal systems existing in the community.19

In order to achieve an understanding, we should note that the Moi is an integral element of the environs, who should be respected as autonomous human beings in living their lives on the land where they are present. The Moi tribe has lived as a social unit and institution for generations, and has a comprehensive culture containing rules of behavior.

Relations between the Moi Tribe and the Forest

The continuous interaction between the Moi tribe and the nature has shaped the political, economic and governance systems. The Moi tribe can be understood as a group of indigenous people who have descended for generations in a certain geographical area, and have their own systems of value, ideology, economy, politics, culture, social and region (indigenous lands or tanah ulayat). This means that the Moi tribe has to be respected in their basic rights, not only as citizens of Indonesia, but also as indigenous peoples who have the special need to maintain their culture and unique way of living.

The forests have a central role in the Moi culture, including as a source of knowledge, foodstuffs, and belief system.

Source of Knowledge

For the Moi, the forest is a treasure trove of medicine, and acts as a material classroom teaching the intricacies of trees and animals. The forests provide experience, tales and powers to avoid disasters. The forest is regarded as

19 Wikipedia, https://id.wikipedia.org/wiki/Masyarakat_adat [accessed on 24 May 2016].

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the protector and guardian of the relations between human beings and the spirits of the ancestors. Maintaining that the ancestors reincarnate as certain animals, the Moi believes to maintain the links to prevent a disconnection. The forest gives education to the Moi tribe youth, in relation to nature protected by the forests. The learning places, or traditional houses constructed in the forests, must not be profaned by loud noises, crowds and other peoples, as these centers of learning are in communion with the universe.

Source of Foodstuffs

For the Moi tribe, the forest is a cornucopia that is always respected by the stewards. Food can be obtained at any time, hunting provides animal protein and vegetables can be harvested. The forest is a living creation, giving hopes for the future of next generations. Forests give food to the people, believed to provide strength and special affinity between the body and the spirit world.

Source of the Belief System

As has been mentioned earlier, the forest plays a central role in the belief system of the Moi tribe. The forest is inhabited by millions of spirits, protecting the sacred places, and giving the spirit of life in maintaining laws to control the universe.

The indigenous peoples are inseparable from land, as they reflect both sides of the same coin. This principle has begun to be recognized in international law, including in the United Nations Declaration on the Rights of Indigenous Peoples and ILO Convention 169.

For the Moi, the land is the mother (pasos in the Moi language), in which land is a part of the life of humanity. Each of the clans has boundaries of their lands and the corresponding rights. Thus, each clan understands fully their ancestry.

Land is extremely important in identity. With land, a person has a history of ancestry; they are the masters of their land. Land has a mystical meaning, a

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spiritual basis; it is also a source of power. Land gives birth to all life forms, creating the core of the belief: the land creates the nature, gives birth to humanity, gives the breathing to the living, gives birth to the food; land creates a collectivity in life.

The Moi is inseparable from the land. Without land, a Moi is regarded as an outsider, a slave (awe), and not a full human being. In the belief system, after death, the spirit of a Moi will return to the clan lands (soo).

The Moi tribe has a belief system in which all elements of nature are imbued with spirits living alongside humanity; a totemistic belief system of relations between humanity and nature.

It is believed that violations of laws and prohibitions pertaining to sacred places will result in negative consequences to the personal or collective life of the clan. The types of sanctions given depend on the location or type of sacred site, prohibited to be entered by uninitiated persons, or persons lacking knowledge or mandate to obtain such learning.

When issues related to sacred sites occur, the community owning the sacred site will suffer from problems. If such a site is developed, the effect will fall on the owning clan; they are to be given sanctions; and disasters are expected to occur. The clan will suffer from a curse that ends in oblivion.

The Impact of Concessions to the Moi Tribe and the Forests

The indigenous peoples of the Moi tribe have experienced much change in the last few years. In the 1990s, timber exploitation was conducted by companies having concession rights (HPH) in Klamono district, namely PT Intimpura Timber. In the 2000s, PT Hendrison Inti Persada (PT HIP), an oil palm plantation company, began to operate, resulting in dramatic changes to the indigenous community.

The writer met with the Moi in December 2015, listening to many stories. One is the information that their land has been appropriated by PT HIP. Based

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on investigations by Telapak (an NGO) and EIA (Environmental Investigation Agency), there are many issues in the provision of compensation to the community in 2008-2009. For example, one community was compensated only Rp. 6,000 per hectare of land.20

The Moi also told a story that illegal logging also occurred, resulting in the destruction of the indigenous forests.21 This has a substantial negative impact to their right of religious belief, as their sacred sites were destroyed as the trees were felled. As mentioned earlier, the sacred sites are part of their belief system in developing their relations with the spirits living alongside human beings.

Photograph 1. Klawilis River22

According to the people of Maladofok Hamlet, Sayosa District, Sorong Regency, since the oil palm company began operating, Klawilis River became polluted. This can be observed visually, as the river water is no longer clean.

20 Telapak/EIA, Eksploitasi Kasat Mata: Bagaimana Investor Dunia & Donor REDD+ Meraup Laba dari Pembalakan Hutan Papua Barat. (Telapak/EIA, May 2012).

21 by PT. HIP is also documented in the following report from PUSAKA; Lain Ditulis, Lain Diucapkan, Lain Pelaksanaannya: Hutan Rusak dan Masyarakat Adat Tersingkir (PUSAKA, July 2014).

22 Writer’s documentation.

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The people are highly dependent on the river water for cooking, drinking, washing, cleaning up and other needs. While there has been no tests made to find out the level of pollution, the people of Maladofok claim that the pollution is caused by PT HIP’s use of pesticides, resulting in skin diseases occurring on many community members.23

Process of Compensation of Territorial Rights

In the payment of compensation to the indigenous peoples, the oil palm company claims that it has given compensation to the indigenous rights. However, the local community claim that only six clans have agreed to release their land rights (Gisim, Galus, Idik, Malamilikofok, Malak and Klasibin clans), and these are the clans that obtain compensation. However, the company did not involve all community members of the clans owning the rights; the company only involved representatives of each clan.24

Investigations also fail to uncover evidence that the Government of Sorong Regency and West Papua Province have ever given a sanction to PT HIP, or enact specific regulations to protect the rights of the Moi as an indigenous group, in the procuring of lands for oil palm companies or other company’s investments. The writer has asked to meet the government during December 2015-February 2016 in the course of the research, but the request was unfulfilled.

Conclusion

Based on the problems mentioned above, the local government should create policies that positively impact the Moi tribe. In this case, the DPRP of Sorong Regency should enact a regional regulation about the rights of

23 Semiarto A. Purwanto et al., Asesmen Sosial Budaya Di Wilayah Kerja PT Commodities Indonesia Jaya Distrik Klamono, Kabupaten Sorong. [FISIP UI 2012], p. 17.

24 For further information about the issue of indigenous land compensation provided by PT HIP, see Telapak/EIA, Eksploitasi Kasat Mata: Bagaimana Investor Dunia & Donor REDD+ Meraup Laba dari Pembalakan Hutan Papua Barat. (Telapak/EIA, May 2012).

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indigenous peoples that must be recognized by corporations and the regional government. If the regional government does not take immediate steps, the Moi tribe is threatened with loss of forests, lands and sacred sites. The DPRP of Sorong Regency should enact a regional regulation protecting the rights of indigenous peoples, to prevent their ancestral lands being taken over indiscriminately by corporations. In the absence of such a regional regulation, the culture and tradition of the indigenous peoples of the Moi tribe will slowly disappear.

Not only the tightly knit culture and social relations of the Moi tribe will disappear, but other negative impacts will occur towards the entire community, resulting in much damage and negative impact to the social, cultural economic and environmental arrangement of Papua.

Final Notes

There are a lot of tales about issues caused by corporations resulting in negative impacts to the preservation of Papuan culture and traditions. This does not only affect the Moi tribe, but also the entire cultural and social fabric and livelihood of the community in Sorong. The threatened livelihood and culture will further create new issues or conflicts that threaten the unity of the indigenous communities in Papua. Thus, DPRP members should immediately perform an investigation and enact a regional regulation that protects the indigenous people. With the enactment of the regional regulation and actual implementation by state officials, the possibility of conflict arising in Sorong will be minimized.

BIBLIOGRAPHY

Interviews with the Moi tribe community members in Klamono District, Sorong Regency, West Papua Province. December 2015-January 2016.

United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), 2007.

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ILO Convention 169 on Indigenous and Tribal Peoples, 1989.Gaung AMAN Online, Hak Atas Wilayah Adat Suku Moi Tak Diakui, Budaya & Ekosistem Rusak [8 September 2015]PUSAKA, Lain Ditulis, Lain Diucapkan, Lain Pelaksanaannya: Hutan Rusak dan Masyarakat Adat Tersingkir [PUSAKA, July 2014]Sapariah Saturi, Kala Suku Moi Papua Tegaskan Batas Wilayah [mongabay.or.id, 30 November 2014] Semiarto A. Purwanto et al., Asesmen Sosial Budaya Di Wilayah Kerja PT Commodities Indonesia Jaya Distrik Klamono, Kabupaten Sorong, [FISIP UI 2012]Telapak/EIA, Eksploitasi Kasat Mata: Bagaimana Investor Dunia & Donor REDD+ Meraup Laba dari Pembalakan Hutan Papua Barat, [Telapak/EIA, May 2012]

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Muting Yesterday and Today: Profile of a Kampung

By: Mina Basik Basik

Introduction

The land of Papua (Papua and West Papua provinces) is often mentioned as the poorest regions in Indonesia. Yet, in fact, the land of Papua is extremely rich in natural resources and cultures from the hundreds of tribes of indigenous peoples. Various programs of poverty alleviation have been done by the government to reduce poverty. Among those projects, the most controversial in the last 5-8 years is the agribusiness investment megaproject “Merauke Integrated Food and Energy Estate” (MIFEE) in Merauke district. In order to provide an illustration of the area where the MIFEE is implemented, this article will describe the profile of one of the kampung (villages) in the area, called Muting. This article is the result of the collection of data and materials by the writer in 2015.

Where is Muting village located?

Muting Village is one of the indigenous Papuan villages located in Muting District, Merauke Regency, about 250 kilometers from the center of Merauke.

In the north, Muting Village borders the Bian River, in the south, with Alfasera village, which is a transmigrant village. In the west, it borders Pakhas village, while in the east, the Papua New Guinean border.

Access from Muting Village to the center of Merauke regency is through two-wheeled or four-wheeled vehicles. Besides using private transportation, public transportation is also available. The price for public transportation is

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Rp. 200,000 per person. To access other villages in Muting District, besides using motor vehicles, riverine transport such as rowboats or motorboats called ketinting or jonson can also be used. In the dry season, one can also travel on foot between the villages.

Boats are the sole method of transportation used by the indigenous Papuans in Muting Village to travel through rivers and marshes. While land transportation is now feasible, the indigenous locals continue to prefer using boats to travel to other villages. In general, each household in Muting has one boat.

River access and transportation used between the villages along the Bian River.25

A brief history of Muting Village

Muting is a village located along the Bian River. The village itself has been moved twice after the initial settlement. The first Muting village was called Ngedi, a name from the Marind language. When Catholic missionaries arrived, the village was renamed Wagnewal, and temporarily moved to Ghalaw Iyam, meaning Cape of Memories, a name given by the ancestors. The present Muting Village is the third iteration, and received its name since the coming of the transmigrants. The founder of the village in Muting was named Kenepe, who was also a member of the military. He was the son of Marind Byan Anim.

25 Writer’s documentation.

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Traditionally, the Marind people live in bevak, constructed of sago branches (gaba-gaba) for the walls, and sago leaves for the roof. To tie these parts, the people used rattan ropes. The flooring is made of nibung (thorn palm) timber, while the fencing is made of bamboo. Obviously homes made from other, more permanent materials are also found nowadays.

The elders of Marind Byan Anim tribe in Muting Village cook their meals by roasting sago, fish and meat, and boiling vegetables such as sago shoots, thorn palm shoots, young melinjo (paddy oats) leaves and coconut shoots. To spice the food, they use slightly roasted dried sago leaves that are crushed on the boiled vegetables. The leaves contain natural salts.

The Marind Byan Anim tribe also did not have much traditional knowledge about diseases. In the past, in Muting Village, the Marind only knew of two illnesses: coughing and colds. The elders were then able to predict potential epidemics by looking at the weather: if the sun goes very red as it sets, they know that illnesses will strike the village, such as coughing, sneezing and fever. In such circumstances, Marind Byan Anim parents usually will take out the tifa (traditional drum) and beat the tifa to ward of the diseases, until the children’s condition becomes better again.

Demography of Muting Village

The Marind Byan Anim people in Muting Village have always realized that they are riverine people, living on the banks of the Bian River, from the headwaters to the estuary, up to the Fly River in Papua New Guinea.

Muting District has 12 villages, 6 of which are indigenous and 6 others transmigrant. Muting is one of the indigenous villages. The other indigenous villages are Kampung Pakhas, Wan, Selow, Kolam and Boha.

The main occupations of the inhabitants of Muting are hunting, gathering and gardening. The yields are used for subsistence, and any surplus traded for other daily needs. The topography of Muting Village includes marshes, rivers

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and forests, so the local people are also engaged in fishing using nets and lures.

The General Situation of Muting Village

The following table shows the conditions of the public facilities in Muting Village:

Table 1: Public Facilities in Muting Village

Public Facilities Condition of Public FacilitiesPuskesmas Pembantu (Sub-Community Health Centre) in Muting Village (before the hospital moved to Km. 5, which is now Muting Hospital)

Permanent building. Has 3 midwives and 4 posyandu (Neighborhood Health Center) cadres.

Muting District Hospital Permanent building: 1 examination room, 4 in-patient rooms for adults, and 4 in-patient rooms for children. Has 1 female physician and 1 male physician, and 15 medical staff consisting of 8 female nurses and 7 male nurses. The building has tiled floor and permanent walls.

St. Don Bosco Primary School

Consists of 6 classrooms. Cement floored and zinc roof. Has 1 principal, 4 honorary teachers and 4 civil servant teachers.

Muting State Intermediate School I

1 principal, vice-principal, 9 civil servant teachers and 3 honorary teachers.

Muting State High School I 1 principal, vice-principal, 1 school keeper, administrative staff; 1 boys boarding house with wooden floor and walls and zinc roof, 1 girls boarding house with 3 rooms temporarily using classrooms (from the time the school opened in 1999, the girls boarding house has not been constructed); 1 physics and mathematics lab, 1 chemistry lab, 4 teacher houses, 1 small mosque, one unused classroom used as a dormitory for unmarried teachers. Muting High School also has 1 library, 1 office room and 6 classrooms, with a total of 12 rooms.

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Mosque Partial permanent wall, permanent tile floors.Catholic Church (old building)

Zinc roof, glass window, cement floor, partial permanent wall. Now used as multipurpose building

Catholic Church (new building)

Permanent wall, cement floor, zinc roof.

District office Zinc roof, cement floor.A new district office is being constructed, stones have been laid.

Village Hall Raised on stilts, wooden floor and walls. Village office Cement floor, glass windows, under construction. Protestant Church Permanent building, tiled, zinc roof, permanent wall.State Electricity Company building

Donation from the regency government to Muting District.

Public cemetery The only public cemetery in Muting Village.Regional Development Bank (BPD) building

Permanent building built in 1998, but no longer in use.

Muting Police Sector building

Built in March 2015 alongside housing for police. Formerly the police sector office was in the form of a dormitory for the police officers.

Muting Military District Command building

Dormitory.

With the arrival of oil palm companies to Muting, the life of the society has been disturbed. People mentioned that nowadays they no longer find any game, even if they have been hunting for the entire day in the forests behind their homes.

Another issue is the local liquor such as sopi (gin), which is sold freely in Muting Village. This affects the children and the youth in the environs of Muting Village. While the people who made the liquor are not from the Marind tribe, it is the people from the tribe who are the buyers.

In carrying out development activities in villages, the government and related parties have provided both physical and non-physical assistance. The aid for the village development program has included:

1. Physical developmentSome physical development activities have been carried out in Muting byvarious parties, including:

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- Aid of farming implements in the form of tractors from the Merauke Regency Department of Agriculture, Crops and Horticulture.

- Village hall.- Common well and farming implements from the National Program for

Community Empowerment (PNPM Mandiri Respek).

- Construction of a bridge and access road in Muting village, connecting Muting Village and Kumaaf Village, in Ullilin District.

- Rubber saplings.- District car: each district is provided with one car, including one for

Muting.

Some of the construction projects aided by the government of Merauke Regency.26

2. Non-physical development: In addition to physical development activities, non-physical development

aimed at increasing the capacity of people in Muting is also conducted by various parties, including:- Improving economy and prosperity of the community through

trainings, including cooking training by the Women Empowerment and Family Planning Agency (BPPKB).

26 Writer’s documentation.

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- Introduction of a women-only credit cooperative for the Muting women, which is partially funded (15%) by the PNPM Respek funds.

In addition, to support the development of Muting Village, the government provides funds through PNPM Respek in 2014 amounting to Rp. 100 million (with an allocation of Rp. 16 million for women and Rp. 6 million for education), PNPM Mandiri amounting to Rp. 50 million, Village Allocation Fund (ADK) amounting to Rp. 8 million for women and also the GERBANGKU Program amounting to Rp. 500 million. The management of GERBANGKU program funds is arranged through six Working Groups, with and additional Rp. 10 million allocated for health.

Assistance is also provided in order to increase economic opportunities and housing quality for the people, including from two government offices. The first, from the Plantation Department, is the garden clean-up fund of Rp. 200-500 thousand, depending on the area and the number of rubber trees. The second, from the Animal Husbandry Department, was in the form of cattle. In 2010, each clan was provided with two cows and two bulls. The livestock are raised, and after they give birth to calves, the calves are given to other community members in the clan.

Economics

The Muting community’s diet generally consists of sago, coconut, banana, fish, and meat. They generally do not pay much attention to storing food for lean days, as most food is readily available in areas surrounding the residences.

Residents of Muting Village have the main occupation as plantation workers and farmers. The majority of commodities are potatoes, rubber, rambutan, coconut, banana, matoa, cashew, citrus, pineapple, banana and jackfruit.

The sources of income of residents of Muting Village include the manufacture of salted gastor fish at a price of Rp. 10,000 per kilogram, coconut, rubber, rambutan, matoa, bananas and wild animals. In addition, the forest provides

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various crops such as aloes wood (gaharu, a type of aromatic wood), candlenut at Rp. 20,000 per kilogram (dry), and ant nest at Rp. 10,000 per sack (wet) or Rp. 15,000 per sack (dry).

Sago palms grow naturally and abundantly in Muting. Sago is the staple food that is gathered and consumed by the Marind Byan Anim people. The people have a habit of planting sago behind the houses or yards, which is still continued. The Marind Byan Anim people know two types of sago groves: those grown at the edge of the village/yards, and those growing naturally, usually about 5-10 kilometers from the residential areas.

Land rights (hak ulayat) on sago groves (dusun sagu) are patrilineal, and inherited by the male children. The ownership is absolute until the death of the children, at which time the ownership reverts to the clan, which will give the right to the male descendants. The land rights cannot be transferred to anyone else, except if the lineage is discontinued, in which the clan reasserts the right to the sago grove. Ownership can also be based on the merits of a particular person. An adopted son can also inherit sago groves, both in the village and in the forest.

During the dry season it is not unusual for the village to be almost empty. Most of the people in Muting will be collecting sago into the forests, up to 10 kilometers away from the village. In fact, they can collect sago in the territory of another village; for example some people from Muting can collect sago from Kindiki Pakhas village, because several of their groves are located in Kindiki Pakhas. The people of Muting are unlikely to collect sago from the edge of the village because in the summer the wells will dry up.

In the past, sago was processed in a simple manner, namely roasted in embers. The traditional dish was called Sagu Sep, consisting of sago, coconut, fish and bananas, cooked in one pot. Nowadays, sago is cooked in a crock, tin, bamboo piece or other containers, and is processed to last two to three months.

Sago is highly regarded in the culture of the people of Muting. Even a newborn

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child is given sago. Also at naming and funeral ceremonies, sago is supplied in large quantities. Sago plays an important role in religion; naming of babies, pig slaughtering ceremonies, funeral and marriage ceremonies all include sago.

As sago is regarded to contain spirits (dema), there are various taboos about it: not eating sago in such a way that it falls to the ground, eating sago sparingly, as it is a source of life. Sago gives physical and spiritual life. It also mythologically symbolizes how life is conceived in the woman’s womb.

Crops/garden plots.27

The crops of the Muting community are usually sold in the village, but there are also bulk buyers from Merauke. The frequency of purchases of the bulk buyers is uncertain, depending on the yields, which also depends on the season.

Aid in the form of information, equipment, capital, or education and training to develop entrepreneurship and community capacity, especially the indigenous Papuans in Muting, comes from several parties, including the Merauke Regency Government. The regency offices involved in aid are the Social Services Department, Agriculture & Horticulture Department, Animal Husbandry Department, and Industrial Department.

To meet daily needs for the nine staples such as rice, salt, cooking oil, soap, and spices, people usually buy from seven of the stalls located in Muting village.

27 Writer’s documentation.

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Some of the stalls are owned by non-Papuans. Among these stall owners are Rompon (a police officer), Saputan (entrepreneur), Haji Baktiar, Haji Amir, Mrs. Nela Leftumun (daughter of Marind Byan Anim), Yunus (entrepreneur), and Rembong (intermediate school teacher).

Yard utilization is very low. It can be seen from the fact that the people are more dependent on long term crops like matoa, rubber, sago, coconut, mango, jackfruit, cocoa, coffee, and melinjo.

Yards are used for planting short-term crops such as vegetables, chilies, bananas, tomatoes, cucumbers, and others. It is rather alarming that the community of Muting has a very low rate of vegetable consumption. Most residents are more likely to choose to consume meat, fish, as well as cheap instant food. Moreover, all of these are available at the stalls: instant noodles and canned fish that are very practical in processing.

The price of staples and fuel in Muting Village can be seen in Table 2:

Table 2. Prices of Staples and Fuel in Muting Village

No Item Price (Rp.)1 Dolog rice 10,000/kg2 Bulk sugar 15,000/kg3 Instant noodle 2,500/pack4 Cooking oil 40,000/liter5 Tea bags (pack of 25) 8,000/pack6 Gasoline 10,000/liter7 Diesel fuel 10,000/liter8 Kerosene 10,000/liter

Source: field observation in 2015

The obstacles faced by the Marind Byan Anim people from developing their economic activities are mainly the issues of the price of goods and means of transport. While a car has been provided for Muting District for transporting crops and community needs, it is still considered as inadequate.

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The people still find difficulties in bringing and selling their produce to the town of Merauke, and conversely, carrying daily staples purchased in town back to Muting village. The people believe that the costs are too high, compared to the income they earn from selling the crops. This difficulty could be overcome if the car assigned to the district is utilized optimally, so that the people in Muting Village no longer find it difficult to access transportation. Nowadays, the fare to travel from Muting village to the town of Merauke using public cars is Rp. 200,000 per person. For school children, they usually bargain the fare down to Rp. 150,000 per student. It is also said that Muting District’s car is often broken down. The road from Muting Village to the town of Merauke is very bad, especially during the rainy season, when it becomes precarious. The road in Muting Village is only acceptable in the dry season.

Economic welfare in society is generally based on the turnover of business and fulfillment of daily needs. The ‘rich’ people in the village are those who own stalls/kiosks, because they obtain income on a daily basis. People sell the fish they catch from the Bian River, or vegetables and wild animals they gather or hunt to the stalls; then they spend the money to buy staples. Hence the money returns to the stall owners. Ownership of electronics does not determine whether a person is considered rich or not. According to residents, electronics can be owned by anyone who is able to benefit from forest products such as rubber and other crops.

In an interview with resource persons (community members) in Muting Village, the researcher was informed that they expect economic improvement through two factors:• Transportation facilities for economic groups to access their economy and

fulfill their needs to travel between villages, not only travelling to the town.• Continuous empowerment or mentoring in groups that have been formed

for the welfare of the people from the government or from other groups concerned with the community.

The indigenous women of Muting Village appreciate the attention given by various parties. However, there are some skill trainings that have been done

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in Merauke but are still needed in Muting, such as the manufacture of salted fish, fish meatballs and cooking classes. These trainings were provided by an organization to empower women in Merauke; however, there was no follow up to the trainings. There was only one training session done and there was no more. The women of Muting Village expect that the trainings can be done for about two to three times, so that the women in Muting can work and develop more skills from the trainings.

Women working in the yard of Muting village parish.28

Education in the Past and Present

According to the elders, in the past the Marind Byan Anim people had three forms of rites of passage (initiation ceremonies) for the young people in Muting Village. During these rites, they were taught a range of knowledge about nature, both profane and the sacred, and the knowledge of good and

28 Writer’s documentation.

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evil. At a certain age, children were required to attend this education, guided by elders from Muting Village acting as teachers. However, due to certain sexual practices, the activities were later banned by the Dutch Government and the Catholic mission.

At that time, the indigenous education institutions did not encourage development of formal education. As a result, not all villages had missionaries providing education to the youth. In such conditions one can imagine how many children of school age did not go to school because there were no teachers, or the nearest school was located far from their villages.

In the past, the missions provided boarding houses to educate the capable youth to become teachers or government employees. Marind Byan Anim children were able to perform well in school, and in the dry and Arowana seasons29 they left school and went home.

What is the present condition? The existing educational facility in Muting village consists of a primary school: SD YPPK Don Bosco. The physical condition of the school building is good; it has six classrooms, a staff room, a principal’s office, an office, and a library. It is also equipped with four houses for teachers, including the principal’s house. The four units of houses for teachers are older than the house assigned for the school